Member

David B. Owsley II

Dave Owsley is an experienced trial and appellate lawyer who has successfully represented clients through complex and bet-the-company litigation in more than 35 jurisdictions in high-stakes matters involving intellectual property, commercial disputes, business torts, product liability, executive employment, financial misconduct, ESI issues, e-commerce, forensic investigations, emerging technologies, constitutional law, government investigations, fiduciary duties, corporate governance, investment management, unfair competition, antitrust, professional liability, legal ethics, and cross-border disputes. He also serves as outside general counsel for clients and assists in internal investigations. He is a member of the Business Litigation group in Louisville.

Recent Assignments

Currently prosecuting and defending multiple breach of contract, product liability, and employer liability actions alleging over $200 million in potential damages.

After a five week jury trial in New Jersey federal court, obtained defense verdict for fragrance company Mane USA dismissing claims that Mane misappropriated 600 trade secret perfumes from Swiss fragrance giant Givaudan, who sought over $80 million in damages. Won at the Third Circuit Court of Appeals affirming the verdict. See Givaudan Fragrances Corp. v. Krivda, 639 Fed. Appx. 840, 2016 U.S. App. LEXIS 2459 (3d Cir. N.J. Feb. 12, 2016).

Defended a corporate client in a high-stakes jury trial against a group of plaintiffs seeking over $150 million in compensatory and punitive damages for alleged chemical exposure and wrongful death.

Defended UK phone case manufacturer Tech21 against patent infringement claims filed by OtterBox at the United States International Trade Commission, In the Matter of Certain Protective Cases for Electronic Devices and Components Thereof, Investigation No. 337-TA-955. Obtained dismissal of the investigation, which threatened to ban importation of more than $200 million in prospective U.S. sales.

Obtained a $40 million settlement for global flavor company V. Mane Fils in a lawsuit against industry giant International Flavors and Fragrances for claims of patent infringement, false advertising, unfair competition, and tortious interference. Reported in NEW YORK TIMES.

Reported Decisions

Material Handling Sys., Inc. v. Cabrera, 572 F. Supp. 3d 375, 379 (W.D. Ky. 2021) – Trade Secret, Non-Competes, Fiduciary Duty

Consumer Fin. Prot. Bureau v. Borders & Borders, PLC, 2017 U.S. Dist. LEXIS 108384, 2017 WL 2989183 (W.D. KY July 12, 2017) – CFPB, RESPA Anti-kickback, Government Investigation

Consumer Financial Protection Bureau v. Borders & Borders, PLC, 2016 WL 9460472 (W.D. Ky., 2016) – Rule 37(c)(1) Sanctions Against Government

Consumer Financial Protection Bureau v. Borders & Borders, PLC, 2016 WL 9460471 (W.D. Ky., 2016) – Rule 30(b)(6) Enforced Against Government

Givaudan Fragrances Corp. v. Krivda, 639 Fed. Appx. 840, 2016 U.S. App. LEXIS 2459 (3d Cir. N.J. Feb. 12, 2016) – Appeals, Trade Secret, Fiduciary Duty, Confidentiality Agreements

Bar Admissions

Admitted Pro Hac Vice in Several Jurisdictions

Kentucky

U.S. Court of Appeals for the 3rd Circuit

U.S. Court of Appeals for the 6th Circuit

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Western District of Kentucky

Memberships

American Bar Association

Kentucky Bar Association

Louisville Bar Association

Defense Research Institute

Leadership Louisville

Community Involvement

Leadership Louisville, Class of 2016

Legal Aid Society

Education

J.D.,

2004

Washington University School of Law

Org / Honor

Executive Articles Editor, Law Review

Scholar at Law Scholarship

Honor Scholar Award

Appellate Clinic (assisted drafting amicus brief to United States Supreme Court in Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440 (2004))

International Public Interest Clinic Program, South Africa

B.A., Cognitive Science and Psychology,

2000

University of Virginia

Org / Honor

McIntire Business Institute at the School of Commerce

Foreign Study – University of Valencia, Spain

More Than Stites & Harbison

During law school, Dave worked for a clinic in South Africa. Before law school, Dave worked as a laboratory research assistant and for a dotcom startup. He also completed the McIntire Business Institute program at the University of Virginia School of Commerce.

He has volunteered for the Legal Aid Society in representing individuals and families in housing related issues and forcible detainer actions.

He has backpacked extensively in Africa, Central America, Asia, and Europe.

Accolades

Best Lawyers in America®, Commercial Litigation (2018-25)

Kentucky Super Lawyers®, Rising Star (2013-17)

Benchmark Litigation magazine, Future Star (2015-25)

Benchmark Litigation, 40 & Under Hot List (2016, 2018)